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(영문) 서울동부지방법원 2013.11.27 2013고단2159

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From March 2012, the Defendant had been in charge of managing the oil price, merchandise coupons, etc. at the E station operated by the victim D in Seongdong-gu Seoul as an employee from around the night.

On March 16, 2012, the Defendant collected KRW 90,000 in cash from a small safe of a victim’s small credit cooperative located in the above gas station office, and paid the sales amount by the Defendant’s credit card to pay the above amount, and then canceled the settlement again, and then arbitrarily used the money owned by the victim as the Defendant’s living cost, etc. by eliminating the contents of the device cancellation.

In addition, the Defendant embezzled property worth KRW 52,616,00, total sum of KRW 52,516,000 in cash and merchandise coupons total of KRW 100,000 in 485 times from March 16, 2012 to August 21, 2013 by using the same method, such as living expenses, at will, for personal purposes as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. A written statement;

1. Police seizure records;

1. Application of the Act and subordinate statutes on credit cards and details of revocation thereof used by a suspect for committing an offense;

1. The relevant statutory provisions on criminal facts and the reasons for sentencing of Article 356 and Article 355(1) of the Criminal Act [Sentencing Criteria] Determination: The type of embezzlement crime group and the recommended field of Type 1 (less than KRW 100 million): The defendant has embezzled a large amount of money continuously over a long period of time in the basic field, from April to April 1st [Pronouncement Decision] in August, and the defendant has embezzled a large amount of money continuously, and the nature of the crime is not good because the applicable law is considerably limited, and the damage recovery has not yet been recovered, etc., the defendant shall be punished by imprisonment.